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Contract 29494
CO ��T N®;v SECRETARY f - CITY 'SF—CRETARY V CONTRACT ' / QpXS 8 GO/qU V P t 1N TFiLE ME Ni a CONTP: CO. 1 ' 1 , CC.,.N t RUe-'� l I()I`, � COPY SPECIFICATIONS T bEPA Gl_RE�1 �.Y+ NT AND 1 CONTRACT DOCUMENTS FOR PLAYGROUND RENOVATIONS AT 'rl FAIRFAX, MEADOWOOD, NORMANDY PLACE, ll AND VILLAGE CREEK PARKS l � PROJECT NAME PROJECT NUMBER D.O.E. NO. FAIRFAX GR76/541200/080438769140 4251 MEADOWOOD GR76/541200/080438769110 4248 NORMANDY PLACE GR76/541200/080438769120 4249 VILLAGE CREEK GR76/541200/080438769130 4250 IN `l THE CITY OF FORT WORTH J TEXAS i MIKE MONCRIEF GARY W. JACKSON J MAYOR CITY MANAGER RANDLE HARWOOD, ACTING DIRECTOR PARKS AND COMMUNITY SERVICES iJPARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY NATIONAL PARK SERVICE-URBAN PARKS 1 AND RECREATION RECOVERY PROGRAM "'IH l'�I E D COMMTJNITY DEVELOPMENT BLOCK GRANT CITY 31RI'l-l-fl/110 J TEXAS PARKS AND WILDLIFE DEPARTMENT � fir:JU�pW� p �U iA&C Request Review Page 1 of 2 Directory I Moritina Report I AdS J PillS, I Sol I ution Zone DeParl:MentS Print M&C COUNCIL ACTION: Approved on 1/6/2004 DATE: 1/6/2004 REFERENCE NO.: **C-19923 LOG NAME: 80CREEK CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Award of Contract to Parks For Play, Inc. for Playground Renovation at Fairfax, Meadowood, Normandy Place, and Village Creek Parks RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Parks For Play, Inc. in the amount of $306,954.19 for the renovation of four (4) playgrounds at Fairfax, Meadowood, Normandy Place, and Village Creek Parks. DISCUSSION: The City of Fort Worth is the recipient of $1,000,000.00 in Urban Park and Recreation Recovery (UPARR) grant funds from the U.S. Department of Interior - National Park Service for the renovation of playgrounds at fourteen (14) park sites (Jefferson Davis, Capps, Greenbriar, Stephens, Linwood, Greenway, Meadowood, Normandy Place, Village Creek, Fairfax, Rosen, Far Northside, Arneson and Crestwood Parks). The local match of$250,000.00 is provided from the Texas Parks and Wildlife Department and Community Development Block Grant funds, for a total of $1,250,000.00. In April 2003, the Parks and Community Services Department held meetings with each of the affected neighborhoods for public input and selection of the desired playground prototypes. The project was advertised for bid on October 9 and 16, 2003. On November 13, 2003, the following bid was received: Bidders Base Bid (Units 1-4) Bid Alternate (Unit 5.2) Total Parks For Play, Inc. $305,324.19 $1,630.00 $306,954.19 Base Bid - (Units 1-41 Will consist of site grading, demolition of existing facilities, installation of concrete walkway and play area, and playground area equipment for all sites, in the amount of $305,324.19. Bid Alternate - Unit 5.2 (Fairfax Park) Consists of the installation of one (1) 8-foot ADA (Americans with Disabilities Act) picnic table on concrete pad, totaling $1,630.00. It is recommended that the Base Bid (Units 1, 2, 3, and 4) in the amount of $305,324.19, and the Bid Alternate (Unit 5.2) in the amount of$1,630.00, totalling $306,954.19, as submitted by Parks For Play, Inc., be approved for award of contract. The contract time is sixty-five (65) working days. Prospective bidders were contacted by Parks and Community Services Department staff and indicated that additional bids were not submitted due to current or projected project commitments. In addition to the contract cost, associated contingency funding for construction inspection (3.5%), project management (1.5%), and possible change orders (5%) is $30,695.42. http://www.cfwnet.org/council_packet/mc_review.asp?ID=1521&councildate=1/6/2004 1/13/2004 Ito&C Request Review Page 2 of 2 M/WBE - Parks For Play, Inc. is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal on this project is 18%. There will be no annual budget impact associated with this project. Construction is anticipated to commence in March 2004, and be completed in July 2004. Meadowood Park is located in COUNCIL DISTRICT 4. Fairfax and Village Creek Parks are located in COUNCIL DISTRICT 5. Normandy Place Park is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICA.TION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541200 080438769140 $73,530.04 GR76 541200 080438769110 $76,947.25 GR76 541200 080438769120 $74,115.75 GR76 5412.00 080438769130 $82,361.15 Submitted for City Manager's Office E7v: Libby Watson (6199) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Mike Ficke (57,46) ATTACHMENTS http://www.cfwnet.org/council_packet/mc__review.asp?ID=1521&councildate=1/6/'2004 1/13/2004 CITY SECRETARY ✓ CI u SECRETARY CONTRACT NO: r D.O.E. Fill E �m fft4Fff CONIST Rt,1C'i 1(;, N " ("'OPY SPECIFICATIONS CLILI�1� L; i' +dI� Y:L `3T AND CONTRACT DOCUMENTS FOR PLAYGROUND RENOVATIONS AT FAIRFAX,MEADOWOOD,NORMANDY PLACE, AND VILLAGE CREEK PARKS PROJECT NAME PROJECT NUMBER D.O.E. NO. FAIRFAX GR76/541200/080438769140 4251 MEADOWOOD GR76/541200/080438769110 4248 NORMANDY PLACE GR76/541200/080438769120 4249 VILLAGE CREEK GR76/541200/080438769130 4250 IN THE CITY OF FORT WORTH TEXAS MIKE MONCRIEF GARY W. JACKSON MAYOR 01 -l'29-04A11 :53 R C V D CITY MANAGER RANDLE HARWOOD,ACTING DIRECTOR PARKS AND COMMUNITY SERVICES PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY NATIONAL PARK SERVICE-URBAN PARKS AND RECREATION RECOVERY PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT �� 6� TEXAS PARKS AND WILDLIFE DEPARTMENT TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH M/WBE ENTERPRISE SPECIFICATIONS 5. FEDERAL WAGE RATES-CONTRACTOR'S PACKET 6. WEATHER TABLE 7. VENDOR COMPLIANCE TO STATE LAW 8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 9. TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100-Summary of Work SECTION 01135-Contract Time SECTION 01140-Alternatives SECTION 01150-Payment To Contractor SECTION 01300-Submittals SECTION 01400-Quality Control SECTION 01410-Testing SECTION 01500-Temporary Facilities and Controls SECTION 01640-Substitutions and Product Options SECTION 01700-Project Closeout SECTION 01800-Contractor's Responsibility for Damage Claims DIVISION 2-SITE WORK Section 02140-Site Underdrains Section 02200-Site Preparation Section 02300-Earthwork Section 02537- Engineered Wood Fiber Playground Surfacing Section 02840-Turf Sodding Section 02860-Playground Equipment Section 02870-Site Furnishings Section 02930-Seeding DIVISION 3-CONCRETE Section 03300-Cast-in-Place Concrete DIVISION 7- THERMAL&MOISTURE PROTECTION Section 07920-Caulking and Sealants 11. CERTIFICATE OF INSURANCE 12. BIDDER'S STATEMENT OF QUALIFICATIONS 13. PERFORMANCE BOND 14. PAYMENT BOND 15. MAINTENANCE BOND 16. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: Playground Renovations at: FAIRFAX PARK GR76/541200/080438769140 4251 MEADOWOOD G R76/541200/0804387691 10 4248 NORMANDY PLACE GR76/541200/080438769120 4249 VILLAGE CREEK GR76/541200/080438769130 4250 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Division Office until 1:30 p.m., Thurs., November 13, 2003, and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2"a floor— N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of$50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. All Bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the MMIBE Office or from the Office of the City Secretary. The bidder shall submit the MBE /WBE UTILIZATION FORM, SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and / or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit documentation at the reception area of the managing department, Department of Engineering, 2nd floor, City Hall, and shall obtain a receipt. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. The following list is provided to assist bidders in obtaining the services of MM/BE vendors qualified to provide such services/materials for this project. A listing of qualified M/WBE vendors may be obtained at the City of Fort Worth MM/BE office, 3rd floor City Hall. Services/materials for this project are as follows: demolition/site prep grading/earthwork subdrain concrete seeding/sodding steel rebar site furnishings earthwork playground equipment The City's minimum M/WBE goal on this project is 18 % of the total dollar value of this contract. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Project Manager. A pre-bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room 2 on October 30, 2003 at B:OOAM. Product substitutions for consideration of acceptance in lieu of specified products shall be submitted by the Prime Bidder prior to the pre-bid conference meeting date. Substitutions received after the pre-bid conference date shall not be considered (Refer to Division I — General Requirements/Section 01640 — Substitution and Product Otpions — 1.04.). The City reserves the right to reject any or all bids and waive any or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of 55 calendar days from the day bids are opened. The award of contract, if made, will be within 55 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RANDLE HARWOOD, ACTING DIRECTOR GARY W. JACKSON PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER GLORIA PEARSON CITY SECRETARY By: Scott E. Penn, Project Manager - (817) 871-5750 Thursday October 9, 2003 Thursday October 16, 2003 SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud,the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or otherp arts of the Contract Documents will be considered as gpproximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting Parks and Community Services Department telephone number indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. (See Item G in the Proposal.) 4. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The City Engineer shall evaluate and recommend to the City Council the best bid based on the combined benefits of total bid price and number of SPECIAL INSTRUCTIONS TO BIDDERS - 1 - contract days allotted, as specified in the Proposal, and which is considered to be in the best interest of the City. Regardless of the Alternative chosen,the Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified in the Construction Documents, liquidated damages shall be charged as outlined in General Provisions, Item 8.6 Failure to Complete Work on Time, found in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas. 5. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is$25,000 or less,payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Maintenance Bond shall be required for all Parks and Community Services Department projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Division 1, Section 01700-Project Closeout, Item 1.02. In order for a surety to be acceptable to the City, the surety must meet the requirements of V. A. T. S Insurance Code, art. 7.19-1(c). Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions,Item 8,Paragraph 8.6,Standard Specifications for Street and Storm Drain SPECIAL INSTRUCTIONS TO BIDDERS -2- Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7 EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29)prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. Disregard if Federal Wage Rates are applicable to this project. If Federal Wage Rates are applicable to a project, the Contractor shall comply with all items identified in the attached Contractor's Packet. For further information regarding this packet, contact the Intergovernmental Affairs /Grants Management Division, Finance Department at(817) 871-8365 or 871-8387 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned,hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance docu ent ; s aR`' o�p not constitute a waiver of the insurance requirements specified herei r, -,�C" 1�11� D. Each insurance policy shall be endorsed to provide the City a m nirii ir? ',£�� 1 b , days notice of cancellation, non-renewal, and/or material change i o5ie}!t SPECIAL INSTRUCTIONS TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form,Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable,must be submitted no later than 5:00 p. in. five(5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder,now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: 0 A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month,place a "0" or "no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. PROTECTION OF TREES PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs,trees, etc., shall be preserved or restored, after completion of the work, to a condition equal or better than existed prior to start of work. By ordinance,the Contractor must obtain a permit from the City Forester before any work(trimming,removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-Of--Way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5705. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 14. BIDDER'S STATEMENT OF QUALIFICATIONS A. QUALIFICATION OF BIDDERS: Bidders and all sub-contractors to be used by the bidder in the performance of this project shall be prepared to demonstrate the capability to perform the work. The Bidders' specific experience, stability and history of performance on projects of a similar nature and scope will be considered. The BIDDERS STATEMENT OF QUALIFICATIONS must be delivered to the Project Manager within 48 hours of the request. Additionally,the Bidder shall submit a STATEMENT OF QUALIFICATIONS upon request by the City on sub-contractors selected by the Bidder to perforin specific project tasks where qualification requirements for the execution of such tasks are noted in the specifications. Recommendation of award of contract shall be contingent upon the Bidder and/or sub-contractors meeting such qualification requirements. Location and responsive ability of the firm will be considered. If your firm anticipates entering into a joint venture with any other firm to conduct all or part of the performance required under the proposed project, that firm should be specified in your response. For each firm included in the joint venture,please provide the information required above. Under the Contract executed for this work the City will require your firm to be completely 100 percent responsible for fulfilling all aspects of the contract bonds. Other firms and employees that may be involved in their joint venture will be treated by the City under the contract as if they were SPECIAL INSTRUCTIONS TO BIDDERS -7- employees or subcontractors of your firm. Other than those firms noted in the contract as a part of the joint venture,no other firms will be allowed to participate in the joint venture without written consent from the City. B. For projects in which the construction of playground area is the prime scope of work, bidders must be able to demonstrate the following. Failure to adequately demonstrate that the bidder meets these requirements may result in a recommendation that the bid be rejected as non-responsive. 1. The bidder shall submit such documents as are necessary to establish that the bidder has successfully and satisfactorily completed the construction and installation of at least three (3)playground facilities within the immediate past three (3) years for the state of Texas or other municipalities within the Dallas/Fort Worth metroplex, such work to have included grading, sub surface drainage, playground perimeter concrete edging, equipment and safety surface installation. The documentation shall also demonstrate that the bidder completed the projects within the contract time without the assessment of liquidated damages. 2. If the bidder has not performed work for the state of Texas or municipalities within the Dallas/Fort Worth metroplex, the bidder may still be considered if it has completed three (3) park playgrounds within the last three (3) years for private entities. 3. The bidder shall provide information that discloses or demonstrates the following: a. Name and qualifications for the site superintendents of the work. b. Knowledge in appropriate task sequencing. c. Intended staffing requirements to construct the work within the contract time allowed. The documentation required herein shall be submitted within 5 business days following the date of bid opening. 15. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September,with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Natural Resource Conservation Commission(TNRCC) in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days,the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. SPECIAL INSTRUCTIONS TO BIDDERS -8- If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include,without limitation,providing,hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and SPECIAL INSTRUCTIONS TO BIDDERS -9- (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and SPECIAL INSTRUCTIONS TO BIDDERS -10- (7) contractually require each person with whom it contracts,to perform as required by paragraphs (1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured,with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at(512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS - ll - PROPOSAL TO: MR. GARY W. JACKSON City Manager Fort Worth,Texas FOR: CONSTRUCTION AND INSTALLATION OF PARK IMPROVEMENTS FOR: FAIRFAX GR76/541200/080438769140 DOE NO. 4251 MEADOWOOD G R76/541 200/080438769110 DOE NO. 4248 NORMANDY PLACE GR76/541200/080438769120 DOE NO. 4249 VILLAGE CREEK GR76/541200/080438769130 DOE NO. 4250 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications, and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Parks and Community Service Department Director of the City of Fort Worth. The "approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. If the lowest bid received exceeds the funds budgeted for the project, the City reserves the right to decrease the quantities contained in any line item or to eliminate any specific line items before award of the contract in order to bring the work within budget. By submitting a bid, the bidder acknowledges the City's right to adjust or eliminate line items prior to the award of contract. Further,by submitting a bid, the bidder agrees to honor each line item bid price without recourse to the City in the event line items are adjusted or eliminated. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish, if applicable, Performance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: BASE BID PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID Unit One—Fairfax Park 1. 1 LS Demolition/Removal/Disposal of Existing Playground Equipment(sheet 2 of 8) @ �I,,.,Ajcpollars & ^c1 O Cents per LS $ Lump Sum $ ,S DD 2. 1 LS _ Removal of Existing tPlayground Surfacing @ �'W TWO Cuspr� JCUer� n�Je� \u� ars & �U Cents per LS $ Lump Sum $ Q `lII,�D 3. 1 LS Demolition/Removal of Existing Concrete Mow Strip (sheet 2 of 8) @ Dollars & p Cents per LS $ Lump Sum $ F�E)n PROPOSAL -1 - PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 4. 1 LS Demolition/Removal of Concrete Sidewalk (sheet 2 of 8) @ Lk�e`ThUvsar� �e��\�4v CAr-e Dollars & 1\\2, Cents per LS $ Lump Sum $ \ \g()l 5. 1 LS Demolition/Removal of Existing Benches as noted on Plan(sheet 2 of 8) @ wo `lurA(Ca A"'I `=',ADollars & Cents per LS $ Lump Sum $ a.SD 6. 1 LS Excavation/Grading(sheet 2 of 8) @ F•OC77\\q, Ar, �Wc �t.►"eA Dollars & no Cents per LS $ Lump Sum $ 4D(� 7. 258 SF Installation of Concrete Paving/To include 2' Bermuda sod band on all sides (sheet 2 of 8) @ Dollars & ',� �y�• Cents per SF $ 01,�� 8. 1 EA Installation of HC Accessible Ramp (sheet 7 of 8) @ S'(y �uyee� *% ,j Dollars & (ND Cents per EA $ b a's D $ 9. 246 LF Installation of Concrete Mow Strip/To include 2' Bermuda Sod band around(sheet 7 of 8) @ elc� Dollars & V)o Cents per L,F $ r,-�,p o $ �D�q a 10. 1 EA Installation of Project Sign(See Federal Wage Rates/Contractor's Packet) @ Dollars & Cents per EA $ 5 DO $ Soo 11. 1 LS Installation of Safety Surfacing Material w/ Wear Mats(sheet 7 of 8) @ Dollars & Cents per LS $ Lump Sum $ q rp 12. 1 LS Installation of Sub Drain and Headwall (sheet 7of8) @ v�tec Dollars & M Cents per LS $ Lump Sum $ PROPOSAL 2 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 13. 1 EA Specified Play Structure Installed (sheet 7 of 8) @ Dollars & p. Cents per EA $ \ $ 3tj ps 14. 1 EA Specified Whirl Installed(sheet 7 of 8) @ Dollars & rn Cents per EA $ 1 q 6u $ a g 6t) 15. 1 EA Specified Two (2) Bay Swing Installed (sheet 7 of 8) @ \�c�e� sc �;, .�u,�1`fwM�'►Dollars & no Cents per EA $ Unit One Total Unit Two—Meadowood Park IO,CK# 1. 1 LS Demolition/Removal/Disposal of Existing Playground Equipment(sheet 3 of 8) @ Dollars & v-\-o Cents per LS $ Lump Sum $ 17kn-0 2. 1 LS Removal of Existing Playground Surfacing (sheet 3 of 8) @ L`A\4 Dollars & v\,c, Cents per LS $ Lump Sum $ _ 3. 1 LS Demolition/Removal of Existing Concrete Mow Strip (sheet 3 of 8) @ Or�G�C�ux�savct Nu�lr� Dollars & V\p Cents per LS $ Lump Sum $ \ a pb 4. 1 LS Demolition/Removal of Concrete Sidewalk (sheet 3 of 8) @ Dollars & (\o Cents per LS $ Lump Sum $ a pj p 5. 1 LS Demolition/Removal of Existing Tables/ Seats as noted on Plan (sheet 3 of 8) @ �lu�lr'4 Dollars & y\z Cents per LS $ Lump Sum $ a ub 6. 1 LS Excavation/Grading(sheet 3 of 8) @ Dollars & 1\-o Cents per LS $ Lump Sum $ 53cy� PROPOSAL -3- PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 7. 797 SF Installation of Concrete Paving/To included 2' Bermuda Sod band on all sides (sheet 3 of 8) @ Dollars & l wt,-Vy L o 2 Cents per SF $ $ �S-1 S•a5 8. 1 EA Installation of HC Accessible Ramp (sheet 6 of 8) 4 Dollars & y� Cents per EA $ (F, l� $ LnSo 9. 241 LF Installation of Concrete Mow Strip/To include 2' Bermuda Sod band around(sheet 6 of 8) @ Dollars & n0 Cents per LF $ r,�J,UD $ 6 S U-] 10. 1 EA Installation of Project Sign(See Federal Wage Rates/Contractor's Packet) @ Dollars & Y� Cents per EA $ Sp 0 $ 5O O 11. 1 LS Installation of Safety Surfacing Material w/ Wear Mats (sheet 6 of 8400,ars 6i & VtD Cents per LS $ Lump Sum $ -7 12. 1 LS Installation of Sub Drain and Headwall (sheet 6 of 8) @ Dollars & Cents per LS $ Lump Sum $ 3a5o 13. 1 EA Specified Play Structure Installed (sheet 6 of g) @f 1�a j.r�yStJCM \Y,wsp�L�57 ,1f� Dollars & V\,O Cents per EA $ c d� 6q-1 $ a81 69"1 14. 2 EA Specified Spring Animals sheet 6 of 8) @ A o (I �ecx�spv� �iJc �Innc�l<SCJ la & t '/� LIy Cents per EA $ a y 1' 1 15. 1 EA Specified Two (2)Bay Swing Installed (sheet 6 of 8) @ 11�fc`r�C�nousan� l:�c -t+(Ahc`te� Dollars & h1D Cents per EA $ $ 3531 Unit Two Total $ PROPOSAL -4- Q���_FL•oe6 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID Unit Three--Normandy Place Park 1. 1 LS Demolition/Removal/Disposal of Existing Playground Equipment(sheet 4 of 8) @ E\coev\ Dollars & 0o Cents per LS $ Lump Sum $ 2. 1 LS Removal of Existing Playground Surfacing (sheet 4 of 8) @ \�ltl\y S',x--\1t tuc`re� !;cbGfy Dollars& VSD Cents per LS $ Lump Sum $ 3. 1 LS Demolition/Removal of Existing Concrete Mow Strip(sheet 4 of 8) @ Dollars & ho Cents per LS $ Lump Sum $ Q 4. 11's Demolition/Removal of Concrete Sidewalk (sheet 4 of 8) @ ar—� Dollars & do Cents per LS $ Lump Sum $ 1 per_ 5. 1 LS Demolition/Removal of Existing Benches as noted on Plan (sheet 4 of 8) @ Dollars & y,,a Cents per LS $ Lump Sum $ a5 b 6. 1 LS Excavation/Grading(sheet 4 of 8) @ Dollars & r no Cents per LS $ Lump Sum $ 7. 875 SF Installation of Concrete Paving/To include 2' Bermuda Sod band on all sides (sheet 4 of 8) @ (ti+ Dollars & (cdc��y �IJL Cents per SF $ s� $ 8. 1 EA Installation of HC Accessible Ramp (sheet 6 of 8) @ ��_y Dollars & _ V\- Cents per EA $ u $ SO PROPOSAL -5- PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 9. 241 LF Installation of Concrete Mow Strip/To include 2' Bermuda Sod band around (sheet 6 of 8) @ �wP�,rlySe�c�. Dollars & v.,o Cents per LF $ ;n.pD $ G5c)—i 10. 1 EA Installation of Project Sign (See Federal Wage Rates/Contractor's Packet) @ �;%J C `U IJP_e_c� Dollars & v`o Cents per EA $ S("�� $ ED-0 11. 1 LS Installation of Safety Surfacing Material w/ _ Wear Mats (sheet 6 of 8) ollars & vu=, Cents per LS $ Lump Sum $ S91=77 12. 1 LS Installation of Sub Drain and Headwall (sheet 6of8) @ Dollars & yeti Cents per LS $ Lump Sum $ ?)a,5,p 13. 1 EA Specified Play Structure Installed(sheet 6 of 8) @ `D-11o � llars & \.s�r.,�y���,a��S;x Flutii•+mac,Y`i lltl n o Cents per EA $a q $ q 14. 2 EA Specified Spring Animal Installed(sheet 6 of 8) @ QA ►u4 F� tc� r�c�5euerav7iva Dollars & ro Cents per EA $ $ 15. 1 EA Specified Two (2) Bay Swing Installed(sheet 6 of 8) @ Dollars & no Cents per EA Unit Three Total $ Unit Four-Village Creek Park J ((4 ' 1. 1 LS Demolition/Removal of Existing Playground Equipment(sheet 5 of 8) @ Dollars & h„ Cents per LS $ Lump Sum $ a. a O o 2. 1 LS Removal of Existing Playground Surfacing (sheet 5 of 8) @ T_&-761lJwatcc� oli�v Dollars & V\o Cents per LS $ Lump Sum $ a$C7 PROPOSAL -6- PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 3. 1 LS Demolition/Removal of Existing Concrete Mow Strip(sheet 5 of 8) @ Dollars & AD Cents per LS $ Lump Sum $ 4. 1 LS Demolition/Removal of Concrete Sidewalk (sheet 5 of 8) @ �,+W Dollars & n6 Cents per LS $ Lump Sum $ 1 g SO 5. 1 LS Demolition/Removal of Existing Tables/ Seats as noted on Plan (sheet 5 of 8) @ Dollars & N o Cents per LS $ Lump Sum $ aSo 6. 1 LS Excavation/Grading(sheet 5 of 8) @ )� Dollars & J,,o Cents per LS $ Lump Sum $ O a 7. 935 SF Installation of Concrete Paving/To include 2' Bermuda Sod band on all sides (sheet 5 of 8) @ t Lq, Dollars & V 0r Cents per SF $ 8. 1 EA Installation of HC Accessible Ramp (sheet 6 of 8) @ Dollars & y� Cents per EA $ (p�� $ n 9. 241 LF Installation of Concrete Mow Strip/To include 2' Bermuda Sod band around(sheet 6 of 8) @ Dollars & vc, Cents per LF $ oZ-7,OD_ $ �O 10. 1 EA Installation of Project Sign (See Federal Wage Rates/Contractor's Packet) @ Dollars & Cents per EA $ St)(� $ 11. 1 LS Installation of Safety Surfacing Material w/ Wear Mats (sheet 6 of 8) @ Dollars & Cents per LS $ Lump Sum $ PROPOSAL 7 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 12. 1 LS Installation of Sub Drain and Headwall (sheet 6 of 8) @ Dollars & r� Cents per LS $ Lump Sum $ 13. 1 EA Specified Play Structure Installed(sheet 6 of Dollars& j ,rte Cents per EA $ $ S�69 14. 2 EA Specified Spring Animals (sheet 6 of 8) @ ScJ.K-1 V Dollars & ! Y.a Cents per EA $ 15. 1 EA Specified Two (2)Bay Swing Installed(sheet 6 of 8) @ 'Jc,- �C�nte�y� Dollars & ria Cents per EA $ sszr) Unit Four Total $ Unit Five-Proposed Bid Alternates for Fairfax Park 1. 5 EA 6' Park Benches to be Field Located by LA @ V-'jf, Dollars & W \) Cents per EA $ 2. 1 EA 8' HC Picnic table W/Concrete Pad (sheet 2 of 8) @ Dollars & v� Cents per EA C> Unit Five Total $ 6.6V Unit Six-Proposed Bid Alternates for Meadowood Park 1. .5 EA 6' Park Benches to be Field Located by LA @ -0,�1��,,, ��uP Dollars & Cents per EA $ 4u-gyp 2. 1 EA 8' HC Picnic Table W/Concrete Pad (sheet 3 of 8) @ Dollars & np Cents per EA $ PROPOSAL -8- PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL, ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID Unit Six Total $ Unit Seven—Proposed Bid Alternates for Normandy Place Park 1. 5 EA 6' Park Benches to be field located by LA @ U,r Dollars & X Cents per EA $ 2. 1 EA 6' Picnic Table (sheet 4 of 8) @ 41,e.n�lu�dt�c�lln N�/ Dollars & o Cents per EA $ 7)o $ -13 tD 3. 1 EA 8' HC Picnic Table(sheet 4 of 8) @ �eje",ncictJ.c� EzLj��V. Dollars $ jxo Cents per EA $ o $ Unit Seven Total $ Unit Eight—Proposed Bid Alternates for Village Creek Park 1. 5 EA 6' Park Benches to be Field Located by LA @ Dollars & Cents per EA $ 405.3D $ Unit Eight Total $ pa(Q BID-RECAPITULATION Unit One -Total Base Bid Cost for Fairfax Park !�"l I 1 IQ) ,Cq $ Unit Two -Total Base Bid Cost for Meadowood Park `` �'llro t Unit Three-Total Base Bid Cost for Normandy Place Park ' ,y,c 'J�,5 $ 1 t 4 301. 15 Unit Four- Total Base Bid Cost for Village Creek �.V D 1 $ �' 1. ^, I Total Base Bid W 3a`1, �� $ ' Unit Five - Total Alternate Bid Cost for Fairfax Park Unit Six—Total Alternate Bid Cost for Meadowood Park $ �-��6 0-0 Unit Seven - Total Alternate Bid Cost for Normandy Place Park $ 3 s-3 9. Unit Eight -Total Alternate Bid Cost for Village Creek $ PROPOSAL -9- A. This contract is issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act. B. The Contractor performing this contract may purchase,rent or lease all materials,supplies,equipment used or consumed in the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax,said exemption certificate complying with State Comptroller's ruling tax,said exemption certificate complying with State Comptroller's ruling#95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling#95.09 as amended to be effective October 2, 1968. C. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terns of City Ordinance 7278,as amended by City ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. D. The undersigned agrees to complete all work covered by these contract documents within Sixty five (65)Working Das after the date for connnencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the Federal Davis-Bacon Prevailing Wage Rates listed on General decision TX030045,dated 06/13/03,for the State of Texas. Contract time incorporates playground equipment/delivery time and is to run concurrently with site construction to be performed prior to receipt of equipment and subsequent installation. E. Within ten(10)days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sum of$_Dollars ($_)is to become the property of the City of Fort Worth,Texas,or the attached Bidder's Bond is to be forfeited in the event the contract and applicable bonds are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. F In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. G. Receipt is hereby acknowledged of the following addenda: No. I No.2 No. 3 No.4 Respectfully submitted, ((!omp . Name) ;C y(Authorize ignature) Date: I/' �.3 Jot) 3 Address: © �j 4f y/ Fv L,.)v r-,rA V 7.t I Telephone: ( f 7 ) lJr��_ /3 )e SEAL(if corporation) PROPOSAL - 10- FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the MMBE goal is applicable. If the total dollar value of the contract is less than$25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 18 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation, or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid ro erform all subcontracting/supplier work: opening date, exclusive of the bid opening date. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MtWBE Office at(817)871-6104. i Rev.5/30/03 i I 11 -19-03A11 : 46 R C V D ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime I Parks for Play, Inc. PROJECT NAME: y MM/DBE x NON-MM/DBE Fairfax Meadowood,Normand Place Village Creek Parks BID DATE 11-13-2003 I City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER GR76/541200/080438769 18 % 18 % 110, 9120, 9130, 9140 Identifyall subcontractors/suppliers liers ' _ pp you well use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm (s)(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MNVBEs listed toward meeting the project goal must be located In the nine (9) county marketplace or currently doing business In the marketplace at the time of bid. Marketplace Is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 rt tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE)Is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 i 11 -19-03A11 : 46 RCVD ATTACHMENT 1A FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T " Company Name i N T Detail Detail Address M W C X M Subcontracting Work Supplies Purchased Dollar Amount T D W Telephone/Fax r B B R O B E E C T E A F & R Concrete 3240 South Grove Concrete Work Fort Worth,Tx76110 x excavation $54, 644 .00 817-923-4854 GameTime Playground P 0 Box 530620 = Equipment $138 , 320 . 98 Atlanta ,Ga I I I_ I I I Rev.5/30/03 JATTACHMENT 1A FORT WORTH 1 1 -1 9-03A1 1 : 'i7 RCVD Page 3of4 J � Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. JCertification P (check one) SUBCONTRACTOR/SUPPLIER T r Company Name i N T Detail Detail Address e M W C X p Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D 4 E E R O E C T E A �J IJ I� I , I_ I I _ I I I IRev.5/30/03 i ATTACHMENT 1A FORTWORTH 1 1 -1 9-03A1 1 : 47 RCVD Page 4af4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 54, 644 . 00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $138 , 320 . 98 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 192 ,964 . 98 f � The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. 4 Glenn Owens Authorized Signature Printed Signature President Title Contact Name/Tltle(if different) Parks for Play, Inc . 817-572-1376 817-572-1320 Company Name Telephone and/or Fax P. 0. Box 8416 gparlcsforplay@aol .com Address E-mail Address Fort Worth, Texas 76124 11-18-2003 I City/State/Zip Date I I Rev.5/30/03 .J FORT WORTH 11 -19-03A1 "1 : 46 RCVD ATTACHMENT 1B JPage 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe Parks for Play, Inc . rime PROJECTNAME: Fairfax,Mead owood ,Normandy Place M/W/DBE x NON-MNV/DBE Village Creek park improvements BID DATE 11-13-2003 City's M/WBEProject Goal: PROJECT NUMBER GR76/541200/080438769110 18 % GR76/541200/080438769120 ,GR76/541200/0804387y�o If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form In its entirety and'beyecelved.by the Manaain6 Department on or before b 00 p m.,`five(5) City business.days after bid opening, f.t .excjusiye ohe bid epenmg date,Mill result in the bid; being considered.non-responslve'to:bid.specifications. IWill you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profile of your business. IWill you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, Ithis is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information I regarding actual work performed by all subcontractors, including M/WBE(s)on this contract, the payment therefore and any proposed changes to the original M/VVBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of ti a not less than one 1 year. Glenn Owens Authorized Slgnature Printed Signature President Title Contact Name(if different) Parks for Play, Inc . 817-572-1376 817-572-1320 Company Name Phone Number Fax Number P. 0. Box 1846 gparksforplay@aol .com Address Email Address Fort Worth, TExas 76124 11-18-2003 City/State/Zip Date Rev.5130/03 11 -19-03A11 : 46 f\CVD ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime Parks for Play, Inc. M/W/DBE x NON-MNV/DBE PROJECT NAME: Park Improvements Fairfax,Meadowood , Normandy Place & Village Creek BID DATE 11-13-2003 City's MNVBEProject Goal: GPI 0 4 Q804 18 % H/'U80/080438769- 6/541200/080438769140 ' 130-1 6 130 If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud,. Intentional and/or knowing misrepresentation the facts,or Intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5) City business days after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"FItier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities F & R Concrete GameTime I tl -I Rev.05130/03 t � f 1 "1 -19-03AII : 46 RCVD ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing X No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) x No I� 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are j� opened? I Yes (If yes,attach list to include name of M/WBE firm,person contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of MIWBEs for a particular subcontracting/supplier opportunity is ten (10) or lessflthe bidder must co ntact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/VIIBEs? _Yes X No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (pie se use additional sheets,if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.05/30/03 J ATTACHMENT 1C J Page 3 of 3 11 -19-03A11 : 46 RCVD ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. jThe bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this 1 contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1 C wi be contacted and the reasons for not using them will be verified by the City's M/WPE ffice. / Glenn Owens ,AUt rized Signature Printed Signature President Title Contact Name and Title(if different) Parks for Play, Inc 817-572-1376 817-572-1320 Company Name Phone Number Fax Number P. 0. Box 1846 gparksforplay`aol .com Address Email Address ( Fort Worth, Texas 76124 11-18-2003 City/StatelZip Date Rev.05/30/03 Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH Joint Venture EliLibility Form All questions neast be answered,use"NA"if applicable. Name of City project: A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: 7 Identify the firms that comprise the joint venture: II Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture M/WBE firm Non-M/WBE name: firm name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: iCc,U?D J ::*v'U: 11i MIL Rev.5/30/03 Joint Venture Page 2 of 3 3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? x 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): r Management decisions: a. Estimating --------------------------------------- b. Marketing and Sales ---------------------------------------------- c. Hiring and Firing of management personnel j ---------------------------------------------- j d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MWBE percentage applied toward the goal for the project listed on this form. i NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. Rev.5/30/03 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. _ _� - -- -- - ------------------------------------------ -------------------------------- Name of M/WBE firm Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of ,20 ,before me appeared and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were -x properly authorized to execute this affidavit and did so as their free act and deed. - Notary Public Print Name Notary Public s Signature Commission Expires (Seal) i , Rev.5/30/03 a WAIS Document Retrieval Page 1 of 4 GENERAL DECISION TX030045 06/13/2003 TX45 Date: June 13, 2003 General Decision Number TX030045 Superseded General Decision No. TX020045 1 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies) : COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES Modification Number Publication Date 0 06/13/2003 COUNTY(ies) : COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER SUTX2043A 03/26/1998 Rates Fringes AIR TOOL OPERATOR $ 9.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER-PAVING 10.50 CONCRETE FINISHER-STRUCTURES 9.83 CONCRETE RUBBER 8. 84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER-STRUCTURES 9.82 FORM LINER-PAVING & CURB 9.00 FORM SETTER-PAVING & CURB 9.24 FORM SETTER-STRUCTURES 9.09 LABORER-COMMON 7.32 -= LABORER-UTILITY 8.94 MECHANIC 12.68 OILER 10.17 SERVICER 9.41 PAINTER-STRUCTURES 11.00 PIPE LAYER 8.98 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname—Davis-Bacon&docid=TX0200... 7/15/2003 WAIS Document Retrieval Page 2 of 4 ASPHALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11. 13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 CONCRETE PAVING SPREADER 10.50 SLIPFORM MACHINE OPERATOR 9.92 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONT END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11. 97 MOTOR GRADE OPERATOR 10.96 PAVEMENT MARKING MACHINE 7.32 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS 9.06 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 8.59 ROLLER, PNEUMATIC, SELF-PROPELLED 8.48 SCRAPER 9.63 TRACTOR-CRAWLER TYPE 10.58 TRACTOR-PNEUMATIC 9.15 TRAVELING MIXER 8. 83 WAGON-DRILL, BORING MACHINE 12 .00 REINFORCING STEEL SETTER PAVING 13 .21 REINFORCING STEEL SETTER STRUCTURES 13 .31 STEEL WORKER-STRUCTURAL 14.80 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER-SINGLE AXLE LIGHT 8 .965 TRUCK DRIVER-SINGLE AXLE HEAVY 9.02 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER-LOWBOY/FLOAT 10.44 TRUCK DRIVER-TRANSIT MIX 9.47 TRUCK DRIVER-WINCH 9.00 VIBRATOR OPERATOR-HAND TYPE 7.32 WELDER 11.57 ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively http://frwebgate,access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX0200... 7/15/2003 WAIS Document Retrieval Page 3 of 4 bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3 .) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2. ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: 4 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4 . ) All decisions by the Administrative Review Board are final. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-B acon&docid=TX0200... 7/15/2003 City of Fort Worth Intergovernmental Affairs and Grants Management (IAGn Community Development Block Grant (CDBG) Funded Construction Projects Table of Contents PAGE L Pre-Construction Conference Minutes .............................................................. 1 -3 H. Contractor/Sub Information Forms ........ ........................ ............................... 4-5 III. Start of Construction Form.............................................................................. 6 IV. Construction Complete Form........................................................................... 7 V. City of Ft.Worth Finance Department,Affirmative Action Plan: ............................ 8-22 Section 3 of the Housing and Urban Development Act of 1968 A. Section 3 Attachment Forms 1. Attachment B Self-Certification Form ..................................................... 20 2, Attachment D Statement of Release Form ................................................ 21 3. Attachment E Preliminary Statement of Workforce Needs Form ..................... 22 V1. Statement of Policy on Equal Employment Opportunity Form .................................... 23 -38 V11. Department of Housing and Urban Development Contract Requirements .......... � 24 Executive Order 11246,Equal Opportunity Clause; Section 202 A. Executive Order 11246 Forms 1. Certification and Acknowledgment Form .................................................. 39 2. Certification of Bidder Regarding Equal Employment Opportunity Form ............ 40 3. Certification Regarding Lobbying Form....... ............................ ............- 41 4. Certificate of Owner's Attorney Form ........................................... .......... 42 VIII. U.S.Department of Labor Wage and Hour and Public Contract Divisions A. Instructions for Completing Payroll form VM-347 ...........................................43 -45 B. U.S.Department of Housing and Urban Development 1. Certificate from Contractor Appointing officer or employee to Supervise Payment of EmployeesForm ............................... ............... ................................. 46 2. Payroll Form ............................ ...................................... ................. 47 .. .................. 48 3. U.S.Department of Labor Statement of Compliance Form........... 4. Employees Statement of Work Verification Form .......................................... 49 5. Payroll Deduction Authorization Form ........-............................................. 50 Ix. U.S.Department of Housing and Urban Development Community Development Block Grant Input: Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements .................................. ....................................................... 51 -53 X. How to Complete Payroll Forms )(I. Equal Employment Opportunity Poster XII. U.S.Department of Labor Poster XIII, Project Designation Sign City of Fort Worth Intergovernmental Affairs and Grants Management (IAGM) Community Development Block Grant (CDBG) Funded R Construction Projects 3 Due Required Forms and Dates WHO COMPLETES DUE SUB PRIME FORM SUBMIT SUBMIT TO: REQUIRED FORM TO: All those who attend Keep For Your Records FILE FILE Pre-Construction Meeting meeting sign Contractor/Sub Contractor and All Subs Before the Start of PRIME IAGM Information Constriction Monitor Start of Construction Form CONTRACTOR At the Start of Construction PRIME IAGM Monitor Construction Complete CONTRACTOR After completion of PRIME IAGM Monitor Form construction Section 3 Attachment Forms CONTRACTOR AND Complete and Return PRIME IAGM Monitor • Attachment B Self- SUBCONTRACTORS Within Seven(7)Days of Certification Form Receipt • Attachment D Statement of Release Form • Attachment E Preliminary Statement of Workforce Needs Form Statement of Policy on CONTRACTOR AND Complete and Return PRIME IAGM Monitor L Equal Employment SUBCONTRACTORS Within Seven(7)Days of Opportunity Form Receipt CONTRACTOR AND Complete and Return PRIME IAGM Monitor Certification and SUBCONTRACTORS Within Seven(7)Days of y Acknowledgement Form Receipt U.S.Department of Housing CONTRACTOR AND Complete and Return PRIME IAGM Monitor and Urban Development SUBCONTRACTORS Within Seven(7)Days of • Certification of Bidder Receipt Regarding Equal Employment i Opportunity Form • Certification Regarding Lobbying Form • Certificate of Owner's s Attorney Form CONTRACTOR AND Complete and Return PRIME IAGM Monitor SUBCONTRACTORS Within Seven(7)Days of U.S.Department of Housing Receipt and Urban Development • Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees Form City of Fort Worth Intergovernmental Affairs and Grants Management (IAGM) Community Development Block Grant (CDBG) Funded Construction Projects WHO COMPLETES DUE SUB PRIME FORM SUBMIT SUBMIT TO: REQUIRED FORM TO: The prime contractor Beginning the first week PRIME IAGM Monitor should review ea. your company works on a Payroll Forms Subcontractor's payroll project and for every week You are not required to use reports for compliance afterward until your firm Payroll Form WH-347. You prior to submitting the has completed its work. may use any other type of payroll,such as computerized reports to IAGM. Number the payroll reports formats,as long as it has all of beginning with# 1 Initial the information that is required and clearly mark your last on the WH-347. payroll"Final." U.S.Department of Labor CONTRACTOR AND Attach to the weekly payroll PRIME IAGM Monitor Statement of Compliance SUBCONTRACTORS with original signature Form CONTRACTOR AND Required when employee is PRIME IAGM Monitor SUBCONTRACTORS used in more than one classification,and specify Employees Statement of different rates of pay during Work Verification Form any payroll period EMPLOYEES MUST Only one employee PRIME IAGM Monitor AUTHORIZE ALL authorization is needed for DEDUCTIONS recurring deductions.This should accompany the Payroll Deduction FIRST payroll on which the Authorization Form deduction appears U.S. Department of HUD SUBCONTRACTOR Before start of work PRIME IAGM Monitor Community Block Grant Input Subcontractor's Certification Concerning i Labor Standards and i Prevailing Wage Requirements Form NOTICE TO ALL CONTRACTOR. Post on site at the start of POST POST EMPLOYEES MUST POST construction Working on Federal or Federally Funded Finance Construction Projects Equal Employment CONTRACTOR Post on site at the start of POST POST Opportunity Poster MUST POST construction U.S.Department of Labor Poster CONTRACTOR Post on site at the start of POST POST MUST POST construction g Project Designation Sign PRIME CONTRACTOR FORWARDS ALL FORMS TO THE IAGM MONITOR PRECONSTRUCTION CONFERENCE MINUTES DATE: TIME: LOCATION: PROJECT NAME: LOCATION OF PROJECT: PROJECT NUMBER: CONTRACT AMOUNT: ATTENDEES NAME NAME & ADDRESS OF FIRM TELEPHONE NUMBER k A preconstruction conference was held on the above date to discuss labor standards requirements applicable to this project. The attendees, as listed above, were provided the following information. The"CONTRACTOR INFORMATION" form required of the contractor and all subcontractors should be completed and submitted before starting construction. f Section 3 Plans must be completed by contractors and subcontractors having contracts over the amount of $10,000. Written affirmative action plans must be submitted by the contractors and subcontractors having contracts over the amount of$50,000 and employing more than 25 non-construction employees. The plans should address the contractor's intent to hire and train minorities and females on an equal basis as any other group. Executive Order 11246, included in the contract document, should be followed as closely as possible. s 1 This project is subject to the Davis-Bacon Act(DBA),Copeland Act,Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibits wage discrimination on the basis of sex. DBA specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. The contractor should inform his foreman and subcontractors that this proj ect is subj ect to periodic employee wage interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the aforementioned regulations. These federal officers or City staff are not to be prevented from conducting such interviews. The suggested payroll form is WH-347,Payroll. All other payroll forms must be approved by HUD prior to use. Payrolls must be submitted to the Finance Department within seven days after a pay period ends. A pay period is seven(7) consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner,partner,officer of authorized individual, and must be an original ink signature. Itis suggested that blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER.OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES" form must be submitted. The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract are to be maintained during the course of work and preserved for a period of three years thereafter. Liquidated damages will be assessed for failure to pay overtime. The assessment amount is$10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally,wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision which is applicable to this project is The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed which does not appear on the wage decision must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. In instances where the owner of a company performs work on the project, that owner must show himself/ herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. Apprentices may be employed on the project, however, they must be certified by the Bureau of Apprenticeship & Training and the allowable ratio of apprentices to journeyman must not be exceeded. Payrolls are required for weeks in which no work is performed labeled NO WORK PERFORMED". The first payroll furnished must show "INITIAL" in the payroll number block. Likewise, the last payroll must show "FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning 2 with number 2, including payrolls labeled "NO WORK PERFORMED". Any person who is employed on a piece work basis must be shown on the payroll. The hours worked each day and total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the prescribed hourly rate for the particular work classification. Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is furnished from the employee. When dual work classification are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION". Deduction authorizations,signed by employees,must be provided for any deduction with the exceptions of FICA and federal tax. Unless otherwise specified by the applicable wage decision,the classification of"helper" is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). The general contractor will be required to certify that all laborers and mechanics employed on the project (including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. The staff person who will monitor this project for compliance with labor requirements is . Any questions Frank Marrero concerning labor requirements should be directed to him/her at(817)871-7536.. Questions should be directed through the general contractor who is ultimately responsible for the fulfillment of these obligations Submitted by: Contact Person: City of Fort Worth NAME Intergovernmental Affairs & Grants Management Frank Marrero 1000 Throckmorton Street Fort Worth, Texas 76102 DATE (817) 871-7536 3 CONTRACTOR INFORMATION Date PROJECT: 1. Contractor: 2. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D. #: 6. officers of the Corporation: Racial/Ethnic Ownershi President: t-White merican 2-Black American Vice President: 3-Native American 4-Hispanic American 5-Asian/Pacific American Secretary: 6-Hasidic Jew Treasurer: 7. If sole owner or partnership, list owner (s): officers (if I certify at the time of execution, hereof, neither my company nor my corporate off incorporated)are listed in the list of Debarred,Suspended, and Ineligible Contractors maintained by the Department of Housing and Urban Development (HUD). Signature 4 SUBCONTRACTOR INFORMATION (To be completed by contractor) z Date PROJECT: 1. Subcontractor: 5 2. Contract Amount: 3. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D. #: Racial/Bthnic Ownership: 1 -White American 2 -Black American 3 -Native American 4 -Hispanic American 5 -Asian/Pacific American 6-Hasidic Jew 5 3 5 START OF CONSTRUCTION (Date) Project Name: Project Location: Project Number: U.S. Department of Labor Wage Decision: _ This is to inform you that the (Name of Company) of (Address) (City/Town) has started work on the above referenced project covered by our (State) (Zip) contract with you, as of (Date) Respectfully yours, (Name of Company) By (Signature) T_ (Title) 6 CONSTRUCTION COMPLETE Project Name: Project Location: Project Number: U.S. Department of Labor Wage Decision: 3 This is to inform you that the (Name of Company) of > (Address) (City/Town) has terminated work on the above referenced project covered by our (State) (Zip) contract with you, as of (Date) 9 Respectfully yours, A 3 (Name of Company) By (Signature) a -7- } k City of Fort Worth Finance Department Affirmative Action Plan Under Section 3 of The Housing and Urban Development Act of 1968 Revised 4/00 8 City of Fort Worth Affirmative Action Plan Table of Contents Part I: Purpose and Background Information Page 1. Summary Explanation and Purpose.....................................................10 2. Geographical Applicability..................................................................10 3. Applicability to Businesses..................................................................10 4. Applicability to Individuals .......................... ...............11 ........................ Part II: Selection of Subcontractors and Vendors 1. Procedures ......................................................................................13 2. Sources for Locating Section 3 Covered Businesses...........................13 3. Required Contract Clauses............................................................ 13 -14 Part III: Hiring Trainees and Employees 1. Procedures ......................................................................................15 2. Good Faith Efforts ....................................... ...16 ..................................... Part IV: Compliance and Consequences 1. Monitoring of Requirements.............. 2. Grievance Procedures .................................................................. 16 - 17 3. Sanctions ......................................................................................17 Part V: Attachments 1. Self-Certification Form...............................................................................20 2. Statement of Release...................................................................................21 3. Preliminary Statement Work Force Needs..................................................22 s City of Fort Worth Fiscal Services Department Intergovernmental Affairs and Grants Management Division Affirmative Action Plan Under Section 3 of the Housing and Urban Development Act of 1968 rO �D BAGrKGROUIYD IN�'E).RMA� rP'AR_ tyPI71ZP,rSE�rAIY_£ ter_ __�._._a_ -_____t_`_ 1. Summary Explanation and Purpose: Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3") is binding upon the City of Fort Worth, ("the City") and its Contractor in all projects using Community Development Block Grant (CDBG) Rinds. Any Contractor of CDBG funds, from whatever source, is bound by Section 3. The two primary purposes of Section 3 are (1) to encourage the use of small, local and minority businesses as suppliers of goods and services, and (2) to encourage the use of local, minority and lower income persons as trainees and employees. Section 3 requires that good faith efforts be made to achieve these purposes. 3 This plan sets forth the procedures which will be followed by the City of Fort Worth's Fiscal Services Department,Intergovernmental Affairs and Grants Management Division("IAGM") and all its CDBG Contractors to accomplish these purposes. Specific regulations governing Section 3 are set out in 24 CFR 135. 2. Geographical Applicability: y For the Community Development Block Grant Program, Section 3 is applicable to all activities taking place within the corporate limits of the City of Fort worth, Texas. Within this "Section 3 covered area", the IAGM Target areas are considered priority areas. The Target areas include the following 1990 census tracts/block group numbers: 1001.01/1, 1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1, 1002.01/2, 1002.01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5, 1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5, 1004/6, 1005.01/1, 1005.01/2, 1005.01/3, 1005.01/4, 1005.01/5, 1005.01/6,.1005.02/1, 10 City of Fort Worth Affirmative Action.Plan 1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006.02/2, 1006.02/3, 1007/1, 1007/2, 1007/3, 1007/5, 1008/1, 1008/2, 1008/3, 1008/4, 1008/5, 1009/1, 1009/2, 1009/3, 1010/l, 1010/2, 1011/1, 1011/2, 1011/3, 1011/4, 1012.01/1, 1012.01/2, 1012.02/2, 1012.02/3 1012.02/4, 1012.02/5, 1012.02/6, 1013.01/4, 1013.02/2, 1013.02/3, 1013.02/4, 1014.02/1, 1014.02/2, 1014.02/3, 1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6, 1014.03/7, 1015/2, 1015/3, 1015/5, 1016/1, 1016/2, 1017/1, 1017/2, 1017/3, 1018/1, 1018/2, 1020/1, 1020/2, 1021, 6, 1021/7, 1023.01/1, 1023.01/2, 1023.01/3, 1023.01/4, 1023.02/4, 1023.02/5, 1024.01/4, 1024.01/5, 1024.01/6, 1025/1, 1025/2, 1025/3, 1025/4, 1025/5, 1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/1, 1027/2, 1028/1, 1029/1, 1029/2, 1029/3, 1030/1, 1030/2, 1030/3, 1031/1, 1032/1, 1033/1, 1033/2, 1033/3, 1033/4, 1034/1, 1034/2, 1034/3, 1035/1, 1035/2, 1035/3, 1035/4, 1035/5, 1035/6, 1035/7, 1036.01/1, 1036.01/2, 1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01/2, 1037.01/3, 1037.01/4, 1037.02/1, 1037.02/2, 1037.02/3, 1038/1, 1038/2, 1038/3, 1038/4, 1038/5; 1038/6, 1039/1, 1039/2., 1039/3, 1040/1, 1040/2, 1040/3, 1041/1, 1041/2, 1041/3, 1041/4, 1041/5, 1041/6, 1042.02/5, 1043/2, 1043/3, 1043/4, 1043/5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01/1, 1045.01/2, 1045.01/3, 1045.01/4, 1045.01/5, 1045.01/6, 1045.01/7, 1045.01/8, 1045.02/1, 1045.02/2, 1045.02/3, 1045.03/1, 1045.03/2, 1046.01/2, 1046.01/3, 1046.01/4, 1046.01/5, 1046.02/1, 1046.02/2, 1046.02/3, 1046.02/4, 1046.03/1, 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/2, 1046.04/3, 1046.05/3, 1046.05/5, 1047/1, 1047/2, 1047/3, 1047/4, 1047/5, 1047/6 1048.01/1, 1048.01/2, 1048.01/3, 1048.01/4, 1048.01/5, 1048.01/6, 1048.01/7, 1048.01/8, 1048.02/1, 1048.02/2, 1048.02/3, 1048.02/4, 1050.01/1, 1050.01/2, 1050.01/3, 1050.01/4, 1050.01/5, 1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/1, 1052.02/2, 1053/1, 1055.02/1, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2, 1058/5, 1059/2, 1059/3, 1059/5, 1060.01/1, 1060.02/1, 1060.04/2, 1061.01/2, 1061.02/, 1061.02/2, 1062.01/1, 1062.01/2, 1062.01/3, 1062.01/4, 1062.02/1, 1062.02/2, 1062.02/3, 1062.02/4, 1063/2, 1063/3, 1064/1, 1064/2, 1065.03/3, 1065.06/2, 1065/06/3, 1065.06/4, 1065.08/2, 1065.08/4, 1065.09/1, 1065.10/4, 1065/11/4, 1065.12/2, 1066/1, 1105/4, 1110.07/4, 1113/01/2, 1135.06/7,1141.01/4 3. Applicability to Businesses: Businesses which are at least fifty-one percent(51%) owned by socially or economically disadvantaged persons who reside in the Section 3 covered area and which qualify as small businesses tinder the standards of the Small Business Administration are eligible for the benefits of Section 3. 4. Applicability to Individuals: Any person who resides in the Section 3 covered area and whose family income does not exceed eighty percent (80%) of the median income in the Dallas-Fort Worth Standard Metropolitan 11 City of Fort Worth Affirmative Action Plan Statistical Area may be designated as a "lower income person". Section 3 is intended to benefit such individuals through employment and training opportunities. i 12 City of Fort Worth Affirmative Action Plan �w C A�.4�� 1 1�Wt: �b�'.���af:i-•:.Lr�5�ih�J�n�..�.. .:��f�"'�kt'�..�: ti 1.�'M..�.fV.r�Y i. yl;u•„y 1. Procedures All contractors will provide a completed copy of Attachment D, "Statement of Release", prior to signing any contract for a project using CDBG monies. Each Contractor selected will be bound by Section 3 requirements, including the submission of all relevant documentation required by this plan. Contractors will be held responsible for the Section 3 activities of their subcontractors. When competitive bids are solicited,the contractor will notify bidders of Section 3 requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3 covered businesses and to use local and minority media to advertise contractual opportunities. H&HS will review proposed Contractors and vendors to ascertain their eligibility to receive CDBG funds,based on prior and future assured compliance with Section 3. ' Contracts which are typically let on a negotiated basis in non-Section 3 covered areas will be let on a negotiated basis in Section 3 covered areas, if feasible. 2. Sources for Locating Section 3 Covered Businesses: The City operates the Minority/Women Business Enterprise (M/WBE) office to assist in the location and certification of Section 3 covered businesses and to inform such businesses of bidding opportunities for City contracts. Lists of Section 3 covered businesses area also available from the Fort Worth Regional HUD Office, the Small Business Administration and other similar agencies. Any business wishing to qualify as a Section 3 covered business will be given the opportunity to file a Self-Certification form (Attachment B)with the M/WBE office and all CDBG contractors are encouraged to seek the assistance of that office, should any question arise. IAGM will notify the Minority/Women Business Enterprise office of its pending contractual activities so that Section 3 covered businesses may be notified. 3. Required Contract Clauses: CFR 24 § 13 5.3 8 In the event a CDBG Contractor wishes to subcontract any portion of a project utilizing CDBG monies, the written prior approval of IAGM must be obtained. Furthermore, the following paragraphs must be included in each subcontract: 13 City of Fort Worth Affirmative Action Plan A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible,be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties of this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment .. positions can see the notice. The notice shall describe the section preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Contractor will certify that any vacant employment positions, including the training positions, that are filled (1) after the contractor is selected but before the contract . is executed, and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing 14 City of Fort Worth Affirmative Action Plan assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I)preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ;� {��AR�T_III�� ��2ING'3TR�45Il�E�S YAN'D EIYXE�.OYEES ���� 1. Procedures: All contractors will provide a completed copy of Attachment E, "Preliminary Statement- Work Force Needs", prior to signing any contract for a project using CDBG monies. The Contractor will specify the maximum number of trainees which can reasonably be used on the CDBG project, unless the occupational category is subject to a ratio set by the Secretary of Labor. This information will be reviewed by IAGM to ascertain the current and projected use of Section 3 covered individuals. Should the Contractor wish to hire trainees for a CDBG assisted project, lower income individuals will be used to the greatest extent feasible in the various training categories. All vacant trainee positions should be filled with lower income individuals, if at all possible. Only after a good faith effort to place lower income individuals in vacant trainee positions has been made will the Contractor use non-Section 3 covered individuals as trainees. Should the Contractor need to hire already trained employees, similar preference will be given to qualified lower income individuals who apply for those positions. For each occupational category in which vacancies exist, the contractor will set a realistic goal for the number of lower income individuals to be hired. The Contractor will make a good faith effort to see that suchgoals are met. To the greatest extent feasible, the Contractor will use lower income individuals as CDBG project employees. (Any Contractor which fills vacant employment positions immediately prior to starting a CDBG project will be required to show that its actions were not an attempt to circumvent Section 3 requirements.) When a lower income individual applies, either on their own initiative or on referral from any source, the Contractor will review his/her qualifications and hire the individual if his/her 15 City of Fort Worth Affirmative Action Plan qualifications are satisfactory and the Contractor has an opening. If the Contractor does not have an opening, the individual will be listed for the first available opening. If applicant qualifications are equal, lower income persons will be given preference in hiring. An exception will be made when a Section 3 covered project must also meet the requirements of Executive Order 11246. In this case, when qualifications are equal,rpinority persons will be given first preference in hiring. The City will require applicants claiming to be lower income to state their family income at the time of application. 2. Good Faith Efforts: A Contractor may show good faith efforts to hire lower income individuals by: (1) confirming with the Department of Housing and Urban Development's Regional Administrator, Area Office Director, or FHA.Insuring Office Director, the geographical Section 3 covered area for the Contractor's specific project; and (2) using local media,project area community organizations, local public and private institutions, and/or signs placed at the proposed project site to recruit lower income applicants for training and employment pusiLiuiis witia Ls .l rJI%;cJ . Bi NCES MT e �a1 Ll� CLQ C-.O 1. Monitoring of Requirements: IAGM will monitor the efforts of its contractors to achieve the purpose of Section 3 in two primary ways. First, the documentation required of CDBG Contractors will be examined to determine if good faith efforts are being made to comply with Section 3 requirements. Any obvious omissions or improper actions will be questioned and the manner in which compliance can be documented will be determined by IAGM. Next,IAGM will conduct on site reviews to assure that any estimates or projected figures for training and employment have been achieved to the best of the Contractor's ability. If a high percentage of the employees of, and subcontractors for, a program meet Section 3 standards, the good faith efforts of the Contractor will be assumed. If compliance problems are discovered IAGM will encourage the Contractor to resolve them. If this informal persuasion should fail IAGM may request that sanctions (as specified below) be applied. 2. Grievance Procedures: Any person or business meeting the definitional standards of Section 3 may personally, or by representative,pursue the grievance procedures outlined here. 16 City of Fort Worth Affirmative Action Plan Informal complaints should be directed to IAGM for investigation of its Contractor's compliance, or to the Contractor for investigation of the subcontractor's compliance. IAGM Contractors will notify IAGNI of all informal complaints they receive. If the complaint is found valid, IA.GM will make an effort to secure Section 3 compliance through conferences,persuasion and/or mediation. A written notice specifying the exact nature of the non-compliance will be issued to the non-complying party. The notice will recommend specific action to correct the non- compliance and specify a time limit for doing so. Continued non-compliance may result in the application of the sanctions listed below. If the complainant is not satisfied with the informal complaint procedure, or its outcome, a formal grievance may be filed. The grievance should be in writing and include: (1) the name and address of the grievant; (2) the name and address of the grievant's business, if applicable; (2) the name and address of the City, Contractor, or Subcontractor (hereafter called "respondent"); (4) a description of the acts or omissions giving rise to the grievance; and(5) the corrective action sought. The grievance should be signed by the grievant and mailed to Program Operations Division, n Development, Fort Worth Regional Office,PO Box 2905, Fort Department of Housing and Urba Worth, Texas, 76113-2905; or Assistant Secretary for Equal Opportunity,Department of Housing and Urban Development, Washington, DC 20410. A grievance must be filed no later than ninety (90) days from the date of the action (or omission) upon which it is based. The time for filing may be extended by the Secretary of Housing and Urban Development, if good cause is shown. Upon receipt of a grievance by the Secretary, a copy of it will be furnished to the respondent. The Secretary will conduct an investigation and will give written notice to both the grievant and respondent as to the decision reached. The grievance may be dismissed or sanctions may be applied, as appropriate. 3. Sanctions: Failure or refusal to comply with or give satisfactory assurances of future compliance with the requirements of Section 3 shall be the proper basis for applying sanctions. Any or all of the following actions may be taken, as appropriate: cancellation, termination, or suspension in whole or in part of the contract or agreement; determination of ineligibility or debarment from any further assistance or contracts under this program until satisfactory assurance of future compliance has been received; referral to the Department of Justice for appropriate legal proceedings. 17 City of Fort Worth Affirmative Action Plan Minority/Women Business Enterprise It is the policy of the City of Fort Worth to involve Minority/Women Business Enterprises in all phases of its procurement practices and to provide them equal opportunities to compete for contracts for construction,professional services, purchases of equipment and supplies, and provision of other services required by the City. The City operates the Minority/Women Business Enterprise (M/WBE) office to assist in the location and certification of Section 3 covered businesses. A list of M/WBE businesses that have been certified by the City of Fort Worth will be provided to you upon request. If you need to secure services or supplies, please contact the City's 1V1/WBE office: CITY OF FORT WORTH M/WBE OFFICE 1000 THROCKMORTON FORT WORTH,TX 76102 (817) 871-6104 18 US 100\CMO\IAGIYI\I.A.G_M\CONTRACT MANAGEMENT\LABOR STANDARDS MANUAL\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC